(1)Where, in relation to an application under subsection (2) of section 3A of this Act, there is no such agreement as is mentioned in subsection (4)(b)(i) or (ii) of that section, the compensation payable by the applicant to the owner in compensation for the holding being constituted as a croft is to be the difference between—
(a)the value of the holding assuming that it is not to be so constituted; and
(b)its value assuming that it is so constituted,
and is to be assessed by a valuer appointed by the applicant and the owner.
(2)But where the applicant and the owner are unable to agree as to such an appointment the valuer is to be appointed by the Land Court or by a person nominated by the Court.
(3)The valuer is to assess the value of the holding—
(a)as at the date of the relevant application under section 3A(2);
(b)having regard to the value that would be likely to be agreed between a reasonable buyer and seller of such a holding assuming—
(i)that the buyer and seller are, as respects the transaction, willing; and
(ii)that the buyer is a sitting tenant;
(c)taking account, in so far as a buyer and a seller of the holding would do so, of any factor attributable to the known existence of a person who (not being the applicant) would be willing to buy the holding at a price higher than other persons because of a characteristic of the holding which relates peculiarly to that person's interest in buying it; and
(d)taking account of the terms and conditions of any lease of sporting interests affecting the land.
(4)The valuer is to invite the owner and the applicant to make written representations about the valuation of the holding under this section and is to have regard to any such representation.
(5)The valuer may—
(a)enter onto land; and
(b)make any reasonable request of the owner or the applicant,
for the purpose of any assessment under this section.
(6)The valuer must, within 6 weeks after being appointed, send to the owner and the applicant a notice in writing specifying the compensation payable and setting out how its amount was calculated.
(7)The expenses of the valuer accrued in carrying out his functions under this section are to be met by the applicant.
(8)In this section “valuer” includes two valuers with an oversman.]
Textual Amendments
F1Ss. 3A-3C inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), ss. 6, 43(3) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.